Radhe Shyam Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1221 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- ITARHI District- Buxar ====================================================== Radhe Shyam Ram S/O Shankar Ram Resident of village- Ariyawon, P.SKrishnabraham, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Rai Sharma, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Itarhi P.S. Case No. 256 of 2024 instituted for the offences under Sections 25(1-B)a, 26, 35 of the Arms Act.

3. As per prosecution case, the accusation against the petitioner along with other accused person is of posting their picture with illegal firearms on social media.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.1221 of 2025(2) dt.21-01-2025 2/3 There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that offence alleged against the petitioner is serious in nature. The police has also recovered two country-made pistols from the house of the co-accused Mukesh Kumar. The police has also recovered one mobile from the possession of coaccused Anish.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the fact that nothing has been recovered from the possession of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Itarhi P.S. Case No. 256 of 2024, subject to the following conditions;

Patna High Court CR. MISC. No.1221 of 2025(2) dt.21-01-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T